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1270 OIA Han. Road Columbus,01142220
61245799551 Fax 6145707160
wom.buedzangotl.com
CITY OF PALM DESERT
STAFF REPORT
REQUEST: AUTHORIZE THE AWARD OF CONTRACT NO. C 3358o TO
PANORAMA CORP. FOR THE DESERT WILLOW DRIVING
RANGE RENOVATION PROJECT
SUBMITTED BY: Martin Alvarez, Director of Economic Development
CONTRACTOR: Panorama Corp.
8780 19t" Street, #185
Alta Loma, CA 91701
DATE: June 26, 2014
CONTENTS: Desert Willow Project Map
Agreement
Recommendation
By Minute Motion:
1. Authorize the Mayor to award Contract No. C 33580 to Panorama
Corp. in the amount not-to-exceed $53,535.35 for the Desert Willow
Driving Range Renovation Project;
2. Authorize the Finance Director to set aside a 10 percent contingency in
the amount of$5,353.53; and
3. Appropriate $58,888.88 from Account No. 441-4195-495-8092.
Backqround
In February of this year, Hurdzan Golf (original Desert Willow golf course architect) was
hired to develop the long range capital improvements master plan for the Desert Willow
Resort golf courses and facilities. The plan will assist in maintaining the resort's 4.5-star
rating for quality of experience. Staff is currently working with Hurdzan Golf to develop
the master plan which includes, but are not limited to the following components:
• Create a long range master plan of improvements to the Firecliff Golf Course to
include renovation of the tee boxes, bunkers and greens to their original
condition.
• Renovating/reshaping all greenside bunkers to address shape, ease of
maintenance, installing bunker liners, installing bunker drainage and new sand.
• Develop plan recommendation on both golf courses to reduce maintenance/labor
costs, reduce water usage (turf reduction) and enhance the course's
sustainability.
Staff Report
Desert Willow Driving Range Renovation Contact No. 33580
June 26, 2014
Page 2 of 3
• Provide construction documents that will guide the renovation/leveling of the
existing practice facilities (driving ranges) to achieve improved usefulness and
image of the driving ranges.
Based on recommendations provided by Hurdzan Gold and KemperSports
Management, the first project priority is the condition and usability of the Desert Willow
Resort (east end) driving range. Both driving range tee areas have been in use for over
fifteen years and have never been re-leveled or renovated. Annual golf rounds at
Desert Willow average approximately 80,000. This high volume of use has created
uneven hitting areas and has the quality of the golf experience. In order to address the
usability and improve the experience for the resort golfer, the east driving range is
proposed to be renovated. The Academy driving range (west end) will require re-
leveling next summer. With the assistance of the golf course architect, project
specifications were developed that would address the driving range wear and tear as
well as blow sand that have created uneven surfaces that affect the practice hitting
areas.
The Desert Willow Driving Range Renovation Project consists of removing the existing
driving range sod, re-leveling the 60,000 sf. tee box area and re-sodding. The tee areas
will be restored to their original condition and the hitting surface will be increased to
improve usability. In addition, a practice bunker located adjacent to the practice putting
green will be removed to address safety concerns (see attached map).
On May 20, 2014, staff published a notice in The Desert Sun inviting sealed bids for the
driving range renovation project. On June 16, 2014, sealed bids were opened by the
City Clerk and below are the results.
CONTRACTOR BID
Panorama Cor ., Alta Loma, CA $53,535.35
Tri-State Contracting II, Inc. Desert Hot $58,793.00
S rin s, CA
Earth Scul tures, Inc. Indio, CA $68,600.00
Zeus Construction, Palm Desert, CA $73,900.00
Landsca es Unlimited, Lincoln, NE $80,000.00
The lowest responsive bidder is Panorama Corp., from Alta Loma, CA. Panorama
Corp. is qualified to perform the scope of work and has experience with similar grading
and golf course renovation projects. Staff recommends that the City Council award a
contract to Panorama Corp in the amount of $53,535.35 for the Desert Willow Driving
Range Renovation Project and set aside a 10 percent contingency.
Schedule
If the contract is awarded on June 26, 2014, the project would commence in mid-July
and would be complete by the middle of August 2014. From an operations standpoint,
G:\rda\Martin Alvarez�2014\SR\DWDrivingRangeRen-6-26-14.doc
Staff Report
Desert Wiliow Driving Range Renovation Contact No. 33580
June 26, 2014
Page 3 of 3
work will be completed during the non-peak period (i.e., summer months) minimizing
impacts to the golf resort.
Fiscal Analysis
Funding for the project is available in Fiscal Year 2014/15 Desert Willow Capital
Improvement Fund.
Submitted B � Department Head:
��f
rtin Alvarez �Rudy Acosta
Director of Economic Development Assistant City Manager
CITY COUNCILA,�TION
aul S. Gibson AYPROVF,D '"� DFNTFD
Director of Finance REC�IVED OTHER
MEI;TI G DAT '���
Approval: AYFS: � ��dY ml,
NOE5:
A13SENT:
�i�' i' � fw' ,�'Ci/p,�G,tirUT'rl- ABSTAIN: �
John M. Woh muth VERIFIED BY
City Manager Original on File with City erk's Office
G:\rda\Martin Alvarez�2014\SR\DWDrivingRangeRen-6-26-14.doc
Contract No. C33580
DESERT WILLOW DRIVING RANGE RENOVATION PROJECT
AGREEMENT
THIS AGREEMENT is made and entered into this day of June, 2014, by
and between City of Palm Desert, California, hereafter called "CITY" and Panorama
Corp. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. DESERT WILLOW GOLF RESORT DRIVING RANGE RENOVATION
PROJECT, C33580, in strict accordance with the Contract Documents identified
below, CITY has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and
found it to be correct, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and forces, has examined the site and
Contract in accordance with the Contract Documents for the money set forth in
its Bid to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
3. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Bid; (e) The Bidder's Bond; (f) The PerFormance Bond; (g) The
Payment Bond; (h) The General Specifications; (i) The Special Provisions; (j)
The Standard Specifications for Public Works Construction — The Greenbook,
2012 Edition ("Standard Specifications") as modified in other portions of the
Contract Documents; (k) The Plans; (I) Addenda Nos. 1 & 2; (m) The
Determination of Prevailing Wage Rates for Public Work; (n) Any Change
Orders issued; (o) Any additional or supplemental specifications, notices,
instructions and drawings issued in accordance with the provisions of the
Contract Documents. All of said Documents presently in existence are by this
reference incorporated herein as if here set forth in full and upon the proper
issuance of their documents they shall likewise be deemed incorporated.
4. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 20 Calendar Days from the Notice to Proceed
date to the satisfaction of the Project Manager.
Page 1
Contract No. C33580
5. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Project Manager harmless from:
a Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
c Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d Attention is directed to Section 6-9, "Liquidated Damages" of the
Standard Specifications and is hereby amended to substitute the "City of
Palm Desert" in place of "Agency." Liquidated damages shall be $1,000
dollars per calendar day of delay.
6. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
7. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
8. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid as accepted by CITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
Page 2
Contract No. C33580
Release of Retention:The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
9. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
(Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next pageJ
Page 3
Contract No. C33580
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mayor of Palm Desert, CA TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARTIN ALVAREZ DAVID J. ERWIN
DIRECTOR OF ECONOMIC DEV. CITY ATTORNEY
Page 4
CONTRACTOR ACKNOWLEDGMENT
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
CITY ACKNOWLEDGMENT
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Page 5